FAA appellate review — 12-point checklist (§19(6) speaking order)

RTI Act §19(1)–(8); §19(6) timeline; §19(8)(a) cost / penalty recommendation power; §10 severability application by FAA; §20(1) penalty referral.

• FAA acts as a quasi-judicial body — must hear both sides under natural justice.
• Specific Section 8/9/11/24 grounds invoked by PIO must be tested individually.
• Public-interest override is the FAA's strongest tool — apply where applicant has shown overriding interest.
• Severability under §10 is a constant duty — FAA must direct partial release where PIO refused fully.
• Time-bar (30/45 days) is mandatory — silence by FAA = applicant can move IC directly.
• Cost-imposition under §19(8)(a) is meaningful deterrent against frivolous PIO refusals.

1. Verify the 30-day window — Appeal received within 30 days of PIO order? If not, condonation request needs reasoning.
2. Check natural justice — both parties heard — PIO and applicant must have opportunity to argue. Hearings may be in person, telephonic, or written.
3. Identify the precise §8/§9/§11/§24 ground — PIO must have invoked specific clauses. Generic “exempt under §8” = automatically reversed.
4. Apply public-interest override (where applicable) — For §8(1)(d), (e), (j) and §9 — does the larger public interest in disclosure outweigh harm?
5. Apply §10 severability — Even if part is exempt, what portion is non-exempt? Order partial release.
6. Test claimed harm against record — Does the PIO's claimed harm (e.g., security, fiduciary) actually arise from this specific record?
7. Evaluate §11 third-party procedure (if invoked) — Did PIO actually issue notice + consider objection? If procedural, set aside.
8. Check whether PIO did §6(3) transfer correctly — If wrong PA, did PIO transfer within 5 days?
9. Assess fee charged — Was fee within state schedule? Any over-charge is reason for direction.
10. Consider §19(8)(a) cost imposition — For unjustified delay/denial, can impose costs on PIO personally or on PA.
11. Refer for §20 penalty if pattern — Serial delays warrant referral to Information Commission for §20 action.
12. Issue speaking order in writing — Cite specific reasons + record-references + sections + decisions. Sign + date + dispatch.

In the matter of First Appeal under §19(1) of the RTI Act, 2005

Appellant: [Name + Address]
Respondent PIO: [Name + Designation + Office]

Date of impugned PIO order: [date]
Date of First Appeal: [date] (within statutory 30-day window)
Date of hearing: [date]

PIO's position:
[Summarise the impugned order's grounds — specific section(s) invoked, reasoning advanced]

Applicant's contentions:
[Summarise grounds of appeal]

ANALYSIS:

1. The impugned order rejects the request citing §[X]. As held in [case], generic citation of a section without record-specific analysis is unsustainable.

2. On the public-interest override under §8(2), the appellant has shown / has not shown a larger public interest in disclosure that outweighs the harm.

3. Severability under §10: portions [A, B] are non-exempt and must be released even if portion [C] is held exempt.

4. The PIO's [other ground] is set aside / upheld for the following reasons: [...]

ORDER:

The first appeal is allowed in part / fully allowed / dismissed. The respondent PIO is directed to:
(a) Provide the information specified in queries [1, 3, 5] within 15 days of receipt of this order, in [form];
(b) Apply §10 to release the non-exempt portion of [record name];
(c) Refund any excess fee charged;
(d) [Where pattern of delay] This office shall refer the matter to the Information Commission under §20(1) for considering penalty action.

If aggrieved, the parties may approach the Information Commission under §19(3) within 90 days.

[FAA Name + Designation + Office Stamp + Date]

Set aside; direct §10 severability — release work-record portions.

Partial denial: FAA can order partial transfer + remainder reply.

FAA can uphold §7(9) compliance if alternative was reasonable.

Direct refund of excess + cost order under §19(8)(a).

Direct disclosure within 15 days + consider penalty referral.

• CIC v Manohar Parikkar Foundation (CIC 2018) — FAA cannot act as rubber-stamp; must apply mind to each ground.
• Aditya Bandopadhyay v CBSE (SC 2011) — Public-interest override is the standard FAA tool against blanket §8 refusals.
• Bhagat Singh v CIC (Delhi HC 2007) — Speaking orders mandatory at FAA stage too.
• R.K. Jain v UoI (SC 2013) — Post-decision file notings disclosable; FAA must direct release.

• Treating appeal as routine paperwork — passing brief order without analysis.
• Confirming PIO without addressing applicant's grounds.
• Missing the 30/45-day deadline — exposes you + applicant moves to IC directly.
• Failing to apply §10 severability where PIO refused fully.
• Ignoring §19(8)(a) cost-imposition power — PIOs not deterred from frivolous refusals.
• Not referring serial offenders for §20 penalty.

• Hold a hearing where both sides argue — even if 15 minutes telephonic. Improves order quality.
• Maintain a per-PIO compliance log — flag patterns at department review.
• Use a standard template: facts → contentions → analysis → directions → appeal info.
• Cite the specific case-law / CIC ruling — pre-empts second appeal reversal.
• For complex fee disputes, consult finance department before deciding.
• Where PA bears institutional cost (e.g., refund of excess fee), document via PA's own compliance order.

No — beyond 45 days, applicant can directly approach IC under §19(3). Your jurisdiction lapses.

No — you can only direct release of what was originally sought (within the queries framed).

Yes — under §19(8)(a) you can impose costs. They are recoverable from PIO personally if PIO acted in bad faith.

Test it — is it binding precedent (SC) or persuasive (CIC)? You have authority to depart with reasons.

Record withdrawal + dispose. But §20 penalty referral can still be made for the original delay.

• pio faa knowledge base
• faa section 19 8 powers
• faa privacy public interest balancing
• pio speaking replies
• act/section-19

RTI Act §19; CIC orders 2007-2024; Aditya Bandopadhyay v CBSE (SC 2011); FAA practitioner handbooks.

Last reviewed: 25 April 2026.

FAA Appellate Review Checklist — complete guide for filing and winning first appeals under RTI:

1. Step 1: What is a First Appeal? (a) a First Appeal is the first level of appeal under the RTI Act (under Section 19(1) — filed with the First Appellate Authority (FAA) — designated by the public authority — under Section 5(1)), (b) who can file: (i) the RTI applicant (if the PIO did not respond — or gave incomplete/wrong information — or rejected the application), (ii) a third party (if the PIO disclosed the third party's information — and the third party wants to appeal against the disclosure — under Section 19(2)), © the timeline: (i) within 30 days of the PIO's response (or the deemed response — if the PIO did not respond — the 30 days start from the date the PIO was supposed to respond — i.e., 30 days from the RTI application), (ii) the FAA can condone a delay of 15 days (if the appellant shows sufficient cause — under Section 19(1) — so the maximum time is 45 days), (d) the FAA must respond within 30 days (of receiving the appeal — or within 45 days — if the FAA extends the time — under Section 19(6) — the FAA must record the reasons in writing).
2. Step 2: Grounds for appeal. (a) no response from the PIO (the PIO did not respond within 30 days — this is a deemed refusal — and the appellant can file the first appeal — without waiting for the PIO's response), (b) incomplete information (the PIO responded — but gave only partial information — or did not answer all the questions — or referred to other sources — without providing the information), © wrong information (the PIO gave wrong information — or outdated information — or information that does not match the records), (d) rejection without valid reasons (the PIO rejected the application — citing Section 8 or 9 — but: (i) did not cite the specific sub-section — or (ii) cited the wrong sub-section — or (iii) the exemption does not apply — or (iv) the public interest override under Section 8(2) was not considered), (e) excessive fees (the PIO demanded excessive fees — for copying, search, or compilation — beyond the prescribed rates), (f) severability not applied (the PIO rejected the entire request — without applying Section 10 — severability — which requires the PIO to sever the exempt portion and provide the rest), (g) third party procedure not followed (the PIO disclosed third party information — without following the Section 11 procedure — or the PIO refused to disclose — without giving the third party a chance to respond).
3. Step 3: How to draft the appeal. (a) the appeal should be in writing (on plain paper — or in the prescribed format — if the state has a format), (b) the appeal should contain: (i) the appellant's name and address (and the RTI application number — and the date), (ii) the PIO's name and address (and the public authority), (iii) the grounds for appeal (the specific grounds — from the list above — with details), (iv) the relief sought (the specific information requested — and any additional relief — like penalty, compensation), (v) the documents (the RTI application copy — the PIO's response copy — and any other relevant documents), © the appeal should be specific (cite the specific question — and the PIO's response — and the reason why the response is inadequate — or the exemption does not apply), (d) the appeal should cite the law (cite the specific section — Section 7, 8, 10, 11, 19 — and the CIC/SIC orders — if applicable — and the Supreme Court/High Court judgments — if applicable), (e) the appeal should be concise (not more than 2-3 pages — the FAA has limited time — and a long appeal may not be read).
4. Step 4: The FAA's powers. (a) the FAA can: (i) order the PIO to provide the information (within a specified timeline — and in the specified format), (ii) uphold the PIO's decision (if the rejection was valid — with reasons), (iii) order the PIO to apply severability (and provide the non-exempt portions — under Section 10), (iv) order the PIO to follow the third party procedure (under Section 11 — before disclosing third party information), (v) reduce the fees (if the PIO demanded excessive fees), (vi) recommend a penalty (against the PIO — under Section 20(1) — but the FAA cannot impose a penalty directly — only the Information Commission can), (b) the FAA must record reasons (for the decision — in writing — and the order must be sent to the appellant — and the PIO — within 30 days — or 45 days), © the FAA's order is binding on the PIO (but the appellant can file a second appeal — with the Information Commission — if not satisfied).
5. Step 5: Common FAA issues. (a) FAA not designated (the public authority has not designated an FAA — or the FAA post is vacant — or the FAA is additional charge — and does not respond), (b) FAA does not respond (the FAA does not respond within 30 days — or 45 days — and the appellant has to file a second appeal — with the Information Commission), © FAA upholds the PIO's rejection (without independent reasoning — the FAA simply agrees with the PIO — without examining the merits — this is a common problem — and the appellant should file a second appeal), (d) FAA is biased (the FAA is the PIO's superior — and may be biased — in favour of the PIO — and against the appellant), (e) FAA does not have the power to impose penalties (the FAA can only recommend a penalty — the actual penalty is imposed by the Information Commission — under Section 20), (f) FAA does not hold a hearing (the FAA decides the appeal on the basis of the documents — without hearing the appellant — which is against natural justice — and the appellant should demand a hearing).
6. Step 6: Filing a Second Appeal. (a) if the FAA does not respond — or the appellant is not satisfied with the FAA's order: file a second appeal (with the Information Commission — Central or State — under Section 19(3)), (b) the timeline: within 90 days of the FAA's order — or non-response (the Commission can condone the delay — if sufficient cause is shown), © the second appeal should include: (i) the RTI application (copy), (ii) the PIO's response (copy), (iii) the first appeal (copy), (iv) the FAA's order (copy — if any), (v) the grounds for the second appeal (the specific reasons — why the FAA's order is wrong — or why the PIO's rejection is wrong), (vi) the relief sought (the information — and the penalty — and the compensation), (d) the Commission can: (i) order the PIO to provide the information (within a specified timeline), (ii) impose a penalty (Rs 250 per day — up to Rs 25,000 — under Section 20(1)), (iii) recommend disciplinary action (against the PIO — under Section 20(2)), (iv) order compensation (to the appellant — under Section 19(8)(b)).
7. Step 7: Checklist for winning the first appeal. (a) file within 30 days (do not delay — the FAA may condone 15 days — but do not rely on it — file within 30 days), (b) cite the specific grounds (do not file a vague appeal — cite the specific ground — e.g., “the PIO rejected under Section 8(1)(d) — but the information is not commercial confidence — it is a public interest matter — and the public interest override under Section 8(2) applies”), © attach all documents (the RTI application — the PIO's response — and any other relevant documents — the FAA cannot decide without the documents), (d) demand a hearing (the FAA should hear the appellant — before deciding — demand a hearing — in person or through video conference), (e) cite CIC/SIC orders (if there is a relevant CIC/SIC order — on the same issue — cite it — with the order number — and the date — the FAA is bound by the Commission's orders), (f) cite the Supreme Court/High Court judgments (if there is a relevant judgment — cite it — e.g., CBSE vs. Aditya Bandopadhyay — for file notings — or State of UP vs. Raj Narain — for the right to information), (g) demand penalty (under Section 20(1) — for the PIO's non-response — or wrong rejection — the FAA can recommend a penalty — and the Commission can impose it), (h) demand compensation (under Section 19(8)(b) — for the harm caused by the non-disclosure — the Commission can award compensation), (i) follow up (if the FAA does not respond — within 30 days — file a second appeal — with the Commission — within 90 days), (j) Example: An RTI applicant was denied file notings — by the PIO — citing Section 8(1)(d) — the appellant filed a first appeal — citing: (i) the CBSE vs. Aditya Bandopadhyay judgment (file notings are disclosable), (ii) the specific ground (the information is not commercial confidence — it is a policy decision), (iii) the relief (the file notings — with severability under Section 10) — the FAA ordered the PIO to provide the file notings — with severability — within 15 days.

See FAA Review Checklist and First Appeal.